Muslim Arbitration Tribunal

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Muslim Arbitration Tribunal
Formation 2007
Purpose to provide a viable alternative for the Muslim community seeking to resolve disputes in accordance with Islamic Sacred Law.[1]
Headquarters Hijaz Manor, Watling Street, Nuneaton, CV11 6BE
Region served
UK
Leader Faiz-ul-Aqtab Siddiqi
Website http://www.matribunal.com

The Muslim Arbitration Tribunal is a form of alternative dispute resolution which operates under the Arbitration Act 1996 which is available in the United Kingdom. It is one of two services (Islamic Sharia Council is the other) for Muslims who wish to resolve disputes without recourse to the courts system.[2] According to Machteld Zee, the MAT differs from other Sharia councils in that their ‘core business’ is arbitrating commercial disputes under the Arbitration Act 1996.[3]

The tribunals were set up by lawyer Faiz-ul-Aqtab Siddiqi and operate in London, Bradford, Manchester, Birmingham and Nuneaton. Two more are planned for Glasgow and Edinburgh.[4] Rulings can be enforced in both the County Courts and the High Court.[2] The media have described a system of Islamic Sharia courts which have the power to rule in civil cases.[4] As of 2008, the courts had dealt with around 100 cases dealing with issues such as inheritance and nuisance neighbours.[4]

Legality and powers

The MAT operates under Section 1 of the Arbitration Act which states that: “the parties should be free to agree how their disputes are resolved, subject only to such safeguards as are necessary in the public interest”.[5] As such it operates within the framework of English law and does not constitute a separate Islamic legal system. Under the Act they are deemed to be "arbitration tribunals".[4]

The Muslim Arbitration Tribunal has no powers to grant a divorce which is valid in English and Welsh law.[5][6] A talaq can be granted to recognise divorce.[5][6] A sharia marriage has no bearing on personal status under UK law.[7] The Muslim Arbitration Tribunal has no jurisdiction on criminal matters but can attempt reconciliation between spouses.

Criticism and controversy

The BBC investigative series Panorama and the Daily Mail newspaper are among those who have proven that women do receive less favourable treatment under this form of dispute resolution.[2] Under sharia, women are not treated equally to men in terms of marriage separation rights.[8]

Political reaction

Dominic Grieve of the Conservative Party has stated: “If it is true that these tribunals are passing binding decisions in the areas of family and criminal law, I would like to know which courts are enforcing them because I would consider such action unlawful. British law is absolute and must remain so."[4]

An ongoing e-petition to the UK government to prohibit and criminalise sharia courts has received over 15,000 signatures. The government issued a response, stating that sharia rulings are only permitted if legal in their jurisdiction, and that attitudes contrary to UK law should be eradicated.[9]

See also

References

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  6. 6.0 6.1 "Extra-judicial divorces, which have been granted since 1 January 1974 in this country, are not valid." Lua error in package.lua at line 80: module 'strict' not found.
  7. "To get married in an Anglican church, contact your local church [...] For all other marriages or civil partnerships you must give notice at your local register office." Lua error in package.lua at line 80: module 'strict' not found.
  8. "[...] the cost of an Islamic divorce should not vary according to the gender of the petitioner, as this is a form of gender discrimination contrary to the Equality Act 2010." Lua error in package.lua at line 80: module 'strict' not found.
  9. http://epetitions.direct.gov.uk/petitions/48352

External links